48 U.S.C. § 1704

Concurrent jurisdiction; exceptions for national defense purposes

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(a) Except as otherwise provided by law, the governments of the Virgin Islands, Guam, and American Samoa, shall have concurrent civil and criminal jurisdiction with the United States with regard to property owned, reserved, or controlled by the United States in the Virgin Islands, Guam, and American Samoa respectively. A judgment of conviction or acquittal on the merits under the laws of Guam, the Virgin Islands, or American Samoa shall be a bar to any prosecution under the criminal laws of the United States for the same act or acts, and a judgment of conviction or acquittal on the merits under the laws of the United States shall be a bar to any prosecution under the laws of Guam, the Virgin Islands, or American Samoa for the same act or acts.(b) Notwithstanding the provisions of subsection (a) of this section, the President may from time to time exclude from the concurrent jurisdiction of the government of Guam persons found, acts performed, and offenses committed on the property of the United States which is under the control of the Secretary of Defense to such extent and in such circumstances as he finds required in the interest of the national defense.(Pub. L. 88–183, § 4, Nov. 20, 1963, 77 Stat. 339; Pub. L. 99–396, § 3, Aug. 27, 1986, 100 Stat. 839.)Editorial NotesReferences in Text

The criminal laws of the United States, referred to in subsec. (a), are classified generally to Title 18, Crimes and Criminal Procedure.

Amendments

1986—Subsec. (a). Pub. L. 99–396 amended first sentence generally. Prior to amendment, first sentence read as follows: “Except as otherwise provided in this section, the governments of Guam, the Virgin Islands, and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over parties found, acts performed, and offenses committed on property owned, reserved, or controlled by the United States in Guam, the Virgin Islands, and American Samoa.”

Notes of Decisions

Cited in 5 cases, 1965–2016 · leading case: Tyrrell v. BNSF Ry. Co., 2016 MT 126 (Mont. 2016).

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Tyrrell v. BNSF Ry. Co., 2016 MT 126 (Mont. 2016). · cites it 2× “” Seizing on the statute’s subsequent language that allows for “concurrent jurisdiction” with the several States, the Court persists that this language grants state courts personal jurisdiction.”

West Indian Co. v. Gov't of the Virgin Islands, 643 F. Supp. 869 (D.V.I. 1986). “48 U.S.C. § 1704 et seq. (Supp. 1986). A First Addendum to the Memorandum of Understanding was entered into on October 28, 1975, to reflect this transfer of control to the territorial government over submerged lands.”

Water Isle Hotel & Beach Club, Ltd. v. Kon Tiki St. Thomas, Inc., 795 F.2d 325 (3rd Cir. 1986). “” 48 U.S.C. § 1704 . These revisions of the Organic Act reveal that Congress intends the territorial legislature to have power to regulate conduct and activity occurring on federal property located in the Virgin Islands to the extent such exercise of authority is not…”

Tyrrell Nelson v. BNSF, 2016 MT 126 (Mont. 2016). “” Seizing on the statute’s subsequent language that allows for “concurrent jurisdiction” with the several States, the Court persists that this language grants state courts personal jurisdiction.”

Gov't of Guam v. Newman, 1 Guam 162 (D. Guam 1965). “339 , 48 U.S.C.A. § 1704 . This provides : (a) Except as otherwise provided in this section, the governments of Guam, the Virgin Islands, and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over parties found, acts performed, and…”

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